The Kaufman Law Firm
Local 818-305-6457
Toll Free 866-278-2385
Offices in Los Angeles and Ventura County

An Employee Rights Law Firm

Matthew A. Kaufman has successfully represented employees in the areas of Family Medical Leave, Disability Discrimination and Wage & Commissions disputes for more than 20 years

Wrongful termination does not always require being fired

Often your employer will know details about your personal life; this is how she would craft a schedule and job that fits with your life. When your relationship with your boss is going well, this is great. But this extra information also allows them to take advantage of you to try and create a situation that forces you from your job. When this happens, you may have a claim for constructive wrongful termination. A wrongful termination claim brings to mind being fired for an unlawful reason such as retaliation for reporting a chemical spill or because your boss is sexist or racist. However, your employer does not have to fire you for you to have a wrongful termination claim.

Constructive wrongful termination results when your employer creates unbearable conditions that force you to quit your job. These conditions can be anything from moving your office to altering your work schedule. This claim can result from any number of scenarios just so long as you are forced to quit because of the changes to your job. Essentially, you need not have any reasonable alternative to quitting.

To establish a valid claim for constructive wrongful termination, your attorney will need to prove two factors. First, that your working environment is so unusually adverse that the only reasonable choice is to quit. Second, that your boss intended to force you into that decision or had prior knowledge that these conditions would force you to quit. Usually, this means that your attorney will need to show some sort of pattern of abuse by your boss. Single instances of inconvenience are insufficient.

These lawsuits are very technical, so you may wish to retain an experienced attorney well versed in employment law to help ensure that your rights are respected. Especially in a case such as this, your attorney must be able to parse the evidence to establish a constructive wrongful termination claim. It can change based on where you were assigned, how your job changed and the benefits normally afforded. Not only that, but your attorney may also be able to calculate how much you are owed. You do your job, your employer should, too.

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